Commonwealth Numbered Regulations

PATENTS REGULATIONS 1991

TABLE OF PROVISIONS

   1.1.    Citation  
   1.2.    Commencement  
   1.3.    Interpretation  
   1.4.    English text of Treaties  
   1.5.    Prescribed periods: deposit requirements  
   1.6.    Disclosure  
   1.7.    Verification of translations of international applications  
   2.1.    Applications by co-owners for directions  
   2.2.    Publication or use: prescribed circumstances and periods  
   2.3.    Prescribed period: publication or use affecting validity  
   2.4.    Prescribed period: patents of addition  
   2.5.    Prescribed period: assertion that invention is not patentable  
   2.6.    Prescribed period: notification of assertion of invalidity of petty patent  
   2.7.    Documents to accompany notice of assertions of invalidity  
   3.1.    Prescribed documents: patent applications  
   3.2.    Specifications  
   3.3.    Abstracts  
   3.4.    Substitute abstracts  
   3.5.    Filing date  
   3.6.    Requests to make determinations between applicants  
   3.7.    Form of certain applications  
   3.8.    Applications to be made before certain decisions and declarations  
   3.9.    Prescribed period: treatment of complete application as provisionsal  
   3.10.   Prescribed period: making of complete applications  
   3.11.   Making divisional applications  
   3.12.   Priority dates generally  
   3.13.   Priority dates: certain persons and applications  
   3.14.   Priority dates: certain amended claims  
   3.15.   Prescribed period and form of request for examination  
   3.16.   Prescribed grounds and period for examination  
   3.17.   Requirement for Commissioner to direct or expedite examination  
   3.18.   Report of Commissioner: examination  
   3.19.   Conduct of examination  
   3.20.   Requests for deferment of examination or modified examination  
   3.21.   Prescribed foreign countries: requests for deferment of examination and modified examination  
   3.22.   Consideration of petty patent application  
   3.23.   Documents in accepted applications and patents involving micro-organisms  
   3.24.   Commissioner may request samples and viability statement  
   3.25.   Request for Commissioner's certificate authorising release of sample of a micro-organism  
   3.26.   Breach of undertakings given in respect of micro-organisms  
   3.27.   Procedure in proceedings for breach of an undertaking  
   3.28.   Relief in proceedings for breach of undertakings  
   3.29.   Notification that a deposit requirement has ceased to be satisfied  
   3.30.   Prescribed period: deposit requirements taken to be satisfied  
   3.31.   Application for declaration that deposit requirements are not satisfied  
   4.1.    Prescribed information: applicants and applications  
   4.2.    Notice that specification is open to public inspection  
   4.3.    Prescribed documents: public inspection  
   5.1.    Application of this Chapter  
   5.2.    Interpretation  
   5.3.    Filing of opposition  
   5.4.    Filing of statement  
   5.5.    Dismissal of opposition  
   5.6.    Determination of opposition  
   5.7.    Opponent to serve copy of substitute statement  
   5.8.    Time for giving of evidence  
   5.9.    Amendment of statement  
   5.10.   Conduct of proceedings to which this Chapter applies  
   5.11.   Commissioner may inform himself or herself  
   5.12.   Hearing of opposition  
   5.13.   Representations to Commissioner  
   5.14.   Commissioner not required to hold hearing  
   5.15.   Withdrawal of opposition  
   6.1.    Publication of notice of grant of standard patent  
   6.2.    Prescribed period: grant of standard patent  
   6.3.    Date of patent  
   6.4.    Form of application for sealing of duplicate of patent  
   6.5.    Application for extension of term of petty patent  
   6.6.    Deciding an application for extension of term of petty patent  
   6.7.    Prescribed period: lapse of applications for extension of term  
   7.1.    Form of application for grant of patent of addition etc.  
   7.2.    Form of application for revocation of patent and grant of patent of addition instead  
   8.1.    International applications taken to be applications under the Act  
   8.2.    Prescribed documents: PCT application  
   8.3.    Modification of Act to apply to PCT applications  
   8.4.    Form of request and prescribed documents: PCT applications  
   8.5.    Convention countries  
   8.6.    Particulars required for Convention application  
   8.7.    Form of request in relation to withdrawn, abandoned or refused applications  
   9.1.    Commissioner may re-examine complete specification when grant opposed  
   9.2.    Request for re-examination of complete specification  
   9.3.    Copy of report on re-examination  
   9.4.    Prescribed period: statement disputing report by Commissioner  
   9.5.    Completion of re-examination  
   10.1.   Form of amendments  
   10.2.   Commissioner to consider and deal with requests for leave to amend  
   10.3.   Amendments not allowable  
   10.4.   Commissioner to refuse request for leave to amend  
   10.5.   Commissioner to grant leave to amend  
   10.6.   Allowance of amendments  
   10.7.   Correction of Register or patent  
   10.8.   Prescribed decisions: appeal to Federal Court  
   10.9.   Pending proceedings: amendments relating to micro-organisms  
   10.10.  Prescribed period: filing of court order  
   10.11.  Form of direction by Commissioner: patents  
   10.12.  Form of direction by Commissioner: applications  
   10.13.  Form of direction by Commissioner: extension of petty patent term  
   10.14.  Form of request: claim under assignment or agreement  
   11.1.   Infringement exemptions: prescribed foreign countries  
   12.1.   Lodgment of applications for compulsory licences  
   12.2.   Prescribed period: revocation of standard patent  
   12.3.   Form of notice: offer to surrender patent  
   12.4.   Applications to revoke patents  
   13.1.   Publication of notice of withdrawal of application  
   13.2.   Prescribed period: request for examination of applications  
   13.3.   Prescribed period: continuation fees  
   13.4.   Prescribed period: acceptance of request and specification  
   13.5.   If applications lapse  
   13.6.   Time for payment of renewal fee for standard patent  
   15.1.   Time for restoration of application for patent  
   15.2.   Requirements for reinstatement of international applications  
   15.3.   Prescribed period: order relating to a standard patent  
   17.1.   Prescribed period: order relating to a standard patent  
   17.2.   Prescribed period, document and fee: filing of international applications  
   19.1.   Particulars to be registered  
   19.2.   Request for information from Commissioner  
   20.1.   Interpretation  
   20.2.   How to make an application  
   20.3.   Requirements for registration  
   20.4.   Procedure for registration  
   20.5.   Certificate of registration  
   20.6.   Examination to be conducted  
   20.7.   Time for holding examinations  
   20.8.   Particulars of subjects  
   20.9.   Admission to sit for an examination  
   20.10.  Notification of results  
   20.11.  Reasons for failure  
   20.12.  Supplementary examination  
   20.13.  Exemption from examination  
   20.14.  Approval of courses and examinations  
   20.15.  Certificate of academic qualifications  
   20.16.  Certificate of completion of examinable subjects and of academic qualifications  
   20.17.  Lien  
   20.18.  Annual registration fee  
   20.19.  Restoration of patent attorney s name to the Register  
   20.20.  Complaints  
   20.21.  Authorisation to bring proceedings against a patent attorney  
   20.22.  Bringing of proceedings  
   20.23.  Decision of Disciplinary Tribunal  
   20.24.  Publication of decision  
   20.25.  Completion of outstanding business  
   20.26.  Procedure of Disciplinary Tribunal  
   20.27.  Hearings to be public except in special circumstances  
   20.28.  Representation before Disciplinary Tribunal  
   20.29.  Summoning of witnesses  
   20.30.  Offences by persons appearing before Disciplinary Tribunal  
   20.31.  Protection of person constituting Disciplinary Tribunal, witnesses, etc.  
   20.32.  Establishment of Board  
   20.33.  Election of Board members  
   20.34.  Term of office of Board members  
   20.35.  Resignation and removal from office as Board member  
   20.36.  Replacement of elected Board members failing to serve their full term  
   20.37.  Meetings of Board  
   20.38.  Member presiding at meetings of Board  
   20.39.  Quorum for meetings of Board  
   20.40.  Secretary to Board  
   20.41.  Establishment of Disciplinary Tribunal  
   20.42.  Disciplinary Tribunal: substantive appointments  
   20.43.  Disciplinary Tribunal: acting appointments  
   20.44.  Qualifications for holding, or acting as, Disciplinary Tribunal  
   20.45.  Disclosure of interest  
   21.1.   Patent Office and sub-offices  
   22.1.   Fees generally  
   22.2.   General fees  
   22.3.   General fees for international applications  
   22.4.   Fees for international applications payable for the benefit of the International Bureau  
   22.5.   PCT Fund  
   22.6.   Exemption from fees  
   22.7.   Refund of certain fees  
   22.8.   Costs  
   22.9.   Death of applicant or nominated person  
   22.10.  Address for service  
   22.11.  Extension of time  
   22.12.  Evidence  
   22.13.  Declarations  
   22.14.  Directions not otherwise prescribed  
   22.15.  Documents to be in English  
   22.16.  Documents other than specifications and abstracts  
   22.17.  Incapacity of certain persons  
   22.18.  Destruction of documents  
   22.19.  Copies of certain documents to be supplied  
   22.20.  International applications and the Patent Office  
   22.21.  Protection or compensation of certain persons  
   22.22.  Exercise by Commissioner of certain powers  
   22.23.  Hearings  
   22.24.  Practice and procedure other than for opposition proceedings  
   22.25.  Requirements cannot be complied with for reasonable cause  
   22.26.  Review of decisions  
   23.1.   Saving: prohibition orders  
   23.2.   Delegation: certain matters referred to in this Chapter  
   23.3.   Opposition to grant: practice and procedure  
   23.4.   Certain opposition: practice and procedure  
   23.5.   Fees payable for certain matters relating to opposition  
   23.6.   Certain delegations: opposition  
   23.7.   Certain undertakings  
   23.8.   Restoration of lapsed applications or ceased patents  
   23.9.   Certain continuation and renewal fees  
   23.10.  Fee taken to have been paid  
   23.11.  Supply of product referred to in section 117 of the Act  
   23.12.  Certain withdrawn, abandoned or refused applications  
   23.13.  Certain certificates of validity  
   23.14.  Certain action under the 1952 Act  
   23.15.  Amendment of petty patents  
   23.16.  Certain applications under 1952 Act: time for acceptance  
   23.17.  PCT applications to which subsection 89 (5) of the Act does not apply  
   23.18.  Certain priority dates: saving  
   23.19.  Appointment of certain examiners  
   23.20.  Patent attorneys: continued application of certain provisions  
   23.21.  Patent Attorneys Professional Standards Board: continuation of appointments  
   23.22.  Secretary to Patent Attorneys Professional Standards Board: continuation of appointment  
   23.23.  Patent Attorneys Disciplinary Tribunal: continuation  
   23.24.  Matters begun under the former attorneys Regulations not finally dealt with before the commencing day  
   23.25.  Fees  
   23.26.  Certain actions and proceedings  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8